Posted on October 10, 2022 in Personal Injury

When a person dies in an accident, certain surviving family members can file a lawsuit on behalf of a loved one. In Georgia, the surviving spouse of the deceased is the first surviving family member who has the right to file a wrongful death claim. If there is no surviving spouse, the children of the deceased are next in line to file the claim. If the deceased has minor children, an adult guardian or representative will take responsibility for the legal proceedings on their behalf.

The different damages that may be recovered include: Medical expenses, funeral expenses, pain and suffering and the value of the life of the decedent, which takes into account the income –earning potential of deceased party.

Call us to help you through this difficult time and to help identify if there was negligence that led to your loved one's death.

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 Posted on October 10, 2022 in Workers’ Compensation

Death benefits are available to the dependent spouse and minor children of an employee who has died due to on-the-job injuries.

This workers' compensation benefit is payable at the rate of two-thirds of the deceased employee's average weekly wage at the time of the accident, up to a maximum of $550 per week. In addition, the workers compensation insurance carrier is responsible for reimbursing funeral expenses of the deceased worker up to a maximum of $7,500.

In total, a widowed spouse with no children will be paid no more than a $150,000 total in weekly payments. A dependent child of a deceased worker is eligible to receive weekly payments through workers' compensation until he or she reaches age 18. However, minor children of the deceased worker can continue receive weekly workers' compensation benefits even beyond the age of 18 if they are enrolled in college.

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 Posted on October 10, 2022 in Personal Injury

The steps you take immediately after being injured are the most important time in your case. Take these 3 steps to protect your case:

1. Seek medical care if you haven't already. – Even if you think you are not seriously injured, go to the ER or make an appointment with your primary care doctor. The longer you wait to obtain medical treatment, the more likely the insurance company is to deny your claim for bodily injuries or offer substantially less for compensation for your injuries.

2. Gather and preserve evidence – Make sure you take photographs of the damage to all vehicles involved in the accident, witness statements if any and any other physical evidence that may be involved. The single most important piece of evidence is the Police report. Therefore, you should always call 911 immediately if involved in an accident. Do not allow an at fault driver to persuade you to merely "exchange insurance information" with you instead of notifying the police.

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 Posted on October 10, 2022 in Personal Injury

Personal injury attorneys work on a contingent fee basis. Our firm charges 33.33% (1/3) of all monies recovered for your claims if no lawsuit is filed. If a lawsuit is filed, the contingency fee is 40%. In addition to the contingent fee, our law firm will recoup any out of pocket expenses it may have incurred throughout the course of your case. The benefit of a contingency fee agreement is that there is no upfront retainer charged to the client. Also, our law firm is motivated to achieve the best possible settlement for your claims. If we do not win your case, no contingency fee is owed.

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 Posted on October 10, 2022 in Workers’ Compensation

A. Workers' compensation insurance carriers frequently request that an injured worker give a recorded statement by telephone prior to accepting his claim. It is inadvisable to consent to a recorded statement without first obtaining the services of a workers' compensation attorney. A workers' compensation attorney can best prepare you for the sorts of questions that will be asked and can advise you on how to properly answer. Remember, the workers' compensation insurance adjuster is trained to solicit info from you that can be prejudicial to your claim. If you agree to give a recorded statement without the assistance of an attorney, there is a greater risk that the workers' compensation insurer will deny benefits to you. The questions generally asked at a recorded statement are similar to the questions asked at deposition, but a deposition is only given once the injured worker has requested court. A recorded statement however, can be given prior to requesting court for your benefits. B. Workers' comp insurance companies frequently conduct surveillance on injured workers after they have filed their claim. This is not illegal. The insurer can obtain the services of a private investigator who will follow you in your day to day activities and record same on video. Insurers conduct surveillance when they believe there is a possibility of fraud. It is illegal to simultaneously receive indemnity benefits for your workers' compensation claim and work for remuneration. If you have any questions or concerns, or you believe you may be surveilled, it is urgent that you contact our office for a free consultation C. Insurance companies will frequently assign a nurse case manager to a workers' compensation claim. The nurse case manager is supposed to maintain all medical appointments, schedule any transportation and/or interpretation needs of the injured worker, ensure that all prescriptions medicine are properly and timely filled, and gather all medical reports. In addition, nurse case managers may attend medical appointment and may even communicate with your treating physicians. Sometimes, nurse case managers are helpful in coordinating an injured worker's medical care. HOWEVER, in some cases, a nurse case manager can harm your claim by attempting to persuade your treating physicians that you are ready to return to work and need no further medical care. An experienced w c attorney will monitor the services provided by the nurse case manager and determine whether it is harmful or helpful to your claim. Your attorney has the right to terminate the services of the nurse case manager, with the exception of "catastrophic claims" The job of the insurance company is to save themselves thousands and millions of dollars in medical cost and benefits. Often times, an adjuster will assign a case manager to your claim to "help you manage your medical appointments and records". Now he or she may seem friendly, but they are there on behalf of the insurance company. You want to be careful what you tell the nurse case manager because she can directly speak with the adjuster on your case. We have heard from clients over the years that they have overheard the case managers tell the doctor to lower the disability rating and ask the doctors to lift the work restrictions they have. Speak with us or your attorney to help you navigate through this

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 Posted on October 10, 2022 in Workers’ Compensation

An IME is an independent medical examination. This is typically performed by an independent doctor who is not your treating physician. The insurance company has the right to schedule an IME for you for the purposes of determining a second opinion as to the severity of your injuries. Likewise, your attorney has the right to schedule an IME for you with a doctor of his choosing. This is important because, while an insurance company frequently will choose a defense-oriented doctor, your attorney can select a more favorable doctor for your claim. An injured worker is required to bring with him any and all films or studies that have been performed on him regarding his injury. This includes; MRIs, x-rays, CT scans, or any other testing which has been performed. The IME physician will ordinarily opine as to work restrictions, future treatment recommendations, and a permanent impairment rating. An injured worker who has a compensable workers' compensation claim is entitled to one IME by a doctor of his choosing paid for by the insurance company. Therefore, it is crucial that the injured worker obtain the services of an experienced workers compensation attorney in order to properly select his IME physician.

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 Posted on October 10, 2022 in Workers’ Compensation

You do not necessarily have to file al lawsuit against your employer in the state of Georgia in order to obtain workers compensation benefits. In many cases, our firm can successfully open a workers compensation claim and obtain all of the available workers compensation benefits provided by law without filing a lawsuit. Further, our firm always obtains permission from our clients before ever requesting court in their claim. Before requesting court, an attorney from our firm will communicate with our client to explain the benefits of going through the legal process. Generally speaking, when one request court to obtain workers compensation benefits, this sets into motion several different things. First, the employer will obtain its own attorney to represent itself and the insurance company. Second, we will be entitled to discovery information related to your accident and injuries. Third, the opposing counsel will take your deposition at our law office. Fourth, we have the right to take the depositions of any witnesses, treating physicians, or employer representatives if need be. Your attorney will discuss these depositions with you, and your attorney will prepare you for your deposition.

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 Posted on October 10, 2022 in Workers’ Compensation

Immediately following an injury or accident, you need to report it to your supervisor or manager. In Georgia, you have 30 days to report the injury but that doesn't mean the insurance company will cooperate. If you delay in filing your claim, the insurance company may deny or controvert your claim. By Georgia law, all employers are required to maintain a list of doctors or panel of physicals for their employees.

If you do not see a list of doctors, you need to contact an attorney immediately. The proper selection of a treating physician is a crucial step in your claim. An experienced attorney can select the most favorable physician for your particular injuries. Furthermore, there are several different legal deadlines that commence after your date of your injury. For this reason, you should not delay in acting. Consult with an attorney as soon as possible to avoid passing any legal deadlines on your claim.

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 Posted on October 10, 2022 in Personal Injury

Every case is different, and no attorney can give you a specific number without first reviewing your file. The value of your case depends on many factors. (1) MEDICAL DAMAGES: Did you sustain broken bones, scarring, herniated discs, or other physical or emotional injuries? You are entitled to compensation for your bodily injuries, and you are also entitled to compensation for all medical costs related to treatment for your injuries. The more significant your injuries are and the higher your medical expenses are, the more valuable your damages claim is. (2) LOST WAGES: Have you missed time from work? If so, our law firm can calculate the value of your lost wages claim and demand compensation for all time missed from work due to your accident. (3) PAIN AND SUFFERING: When someone sustains physical or emotional injury, they are entitled to compensation for the pain and suffering deriving there from. While there is no exact method to calculate the value of someone's pain and suffering, the more significant ones injuries, the more valuable their pain and suffering claim is.

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 Posted on October 10, 2022 in Personal Injury

While every personal injury claim is different, our law firm will make every effort to bring your case to a favorable resolution as soon as possible. Some cases require the filing of a lawsuit, which can lengthen the time period of your case. While we can make no guarantees, our law firm generally can bring a personal injury claim to a favorable resolution within one to two years, and in some cases as few as six months. Some cases require litigation in order to achieve the best possible result; however, many cases can attain a favorable resolution without the filing a lawsuit. An attorney can provide you with his legal recommendation for what best suits your needs after reviewing your case.

Every case will be prepared as if it will proceed to trial. This means our law firm will gather evidence to support your claims and present it to the insurance company in the best possible light. Prior to the filing of a lawsuit, our law firm will make every effort to achieve a favorable resolution through negotiations. However, if the insurance company is unwilling to make a reasonable offer the filing of a lawsuit may be the best option for your case. Prior to the filing of a lawsuit, the attorney will consult with the client, give his legal recommendation, and obtain the clients authorization to file suit.

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